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Personal data privacy policy

1. When does it apply?

    The privacy policy applies to the personal data of those who wish to become, are or have been clients of Titan Machinery Romania SRL, including the data collected, used or disclosed while using our company's website, available at www.titanmachinery.ro. When we refer to "Titan Machinery", "we" or "our company" in this statement, we are referring to Titan Machinery Romania SRL.
    You can manage your consent on the purposes for which personal data will be used by sending an e-mail to office@titanmachinery.ro, you can write to us at Autostrada București-Pitesti, Km 13.2, Aleea Ștefania Nr. 2, COD: 077096 Dragomirești Deal, Ilfov County or by accessing the administration panel at: https://www.titanmachinery.ro/gdpr/profile.
    This policy is valid starting from 25.05.2018

2. What is the purpose of this policy?

    When you use our website, you entrust us with some of your personal data. We understand this and appreciate it. Through everything we do, we strive to protect them and offer you the best possible control over them.
    The privacy policy will help you understand what personal data we collect about you, how we use your personal data and what options you have on their use.
    We are committed to maintaining the accuracy, confidentiality and security of your personal data. In order to be in line with the legislative changes and/or with the practical realities we face, we reserve the right to adjust this policy at any time, the changes becoming mandatory from the moment they are published on the site.

3. What is personal data?

    We want you to understand as clearly as possible what "personal data" represents.
    Personal data is information about an identified or identifiable person. Examples of such data: name, surname, address, telephone number, email, data related to the identity card, CNP, bank information, cookie, computer IP address, mobile device IDs, information from your web browser ( such as browser type and browser language), the actions you take on our website, etc.

4. For what purpose do we collect them?

    Personal data are collected for the effective development of commercial relations, to offer you the best possible services (fast deliveries, electronic payments, etc.), to permanently improve the functionalities of our website or to bring advertisements and promotions to your attention relevant to you.
    We limit the personal data we collect to what is relevant for their particular processing. We do not process your personal data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by you.

    CONTRACTUAL data (mandatory) - for starting the process of hiring a contract and for the effective development of the commercial relationship.
    Data can be collected (name, surname, phone, email, etc.) to be able to answer your questions related to our products and services (including by using a dedicated CRM type sales solution), to be able to organize the effective processing and delivery of your orders. These data are collected through dedicated forms on the website such as: contact, request an offer, order online, request consultation, my account, etc. These data are generically referred to as "contractual data". Without them, your order cannot be taken over (for example: we don't know how to answer your questions), it cannot be processed (for example, fiscal documents cannot be issued to collect the value of the products, etc.) and it cannot be delivered (via courier or by other accepted methods). You will not be able to benefit from our services or products using our website, without providing this data.
    We may disclose your personal data when we use third-party processors (courier companies, online payment processors, etc.) to perform services on our behalf and according to our instructions.
The legal basis for the processing of this data is our legitimate interests (Article 6 paragraph 1 lif (f) of the general data protection regulation).

    FUNCTIONAL data - for the best possible experience in using the site
    Direct data can be collected (name, surname, phone, email, etc.) to ensure a better experience in using the site. The data is collected through forms on the website such as: price alert (to receive a warning when a price drops), stock alert (to be alerted when a product appears in stock), abandoned baskets (to remind you of purchases unfinished), review request, etc. This data is generically called "data for functional purposes".
    Indirect data can be collected that can be used to create a better structured website (eg: reports from Google Analytics, etc.). This data helps us to see the navigation flow of visitors to the site, the volume of navigation as well as other useful information relevant to the improvement of the site, in order to offer you the best possible browsing experience. All these functionalities are designed to offer you the best information and purchase options.
    If you do not agree with the use of data for this purpose, you cannot benefit from the advantages of these functionalities.
    The legal basis for the collection of this data is consent (art. 6 paragraph (1) letter (a) of the General Data Protection Regulation).

    MARKETING data - for a better structured website, relevant advertising and information in social media
    Personal data is collected, such as direct data (name, surname, phone, email, etc.) or indirect data (cookies, computer IP address, location, mobile device IDs, etc.).
    Direct data is collected for newsletter subscriptions (sending newsletters, commercial offers, etc.). If you wish to stop receiving such materials, you can access the "unsubscribe" link located at the bottom of our company's marketing emails.
    Cookies are data files that are sent from a website to a browser to record information about users for various purposes. We use cookies and similar technologies. For additional information, see the page on our website that contains the cookie policy.
    The data can also be used to display advertisements adapted to your wishes (eg: Google Remarketing, Facebook Pixel, etc.). It is possible that you will be presented with advertisements for products that you have been interested in or that you have viewed.
    Our site allows you to connect with social media networks, such as Facebook (facebook.com), Linkedin (linkedin.com) and Twitter (twitter.com) ("Social Media"). By logging in, the IP address and the page you are visiting from our website can be collected. A cookie is also set to allow social media applications to function correctly. You may be offered an option by your social media accounts to post information about your activities on your personal profile page in the social media network, in order to allow other users to access that information in your network. We call these data generically "data for marketing purposes".
    The legal basis for the collection of this data is consent (art. 6 paragraph (1) letter (a) of the General Data Protection Regulation).

5. How do we collect them?

    When you interact with our website, we offer you the possibility to grant and withdraw your consent for the use of your data at any time.
    We offer site visitors and customers who provide personal data the means to choose how we use this data. Consent regarding the processing of personal data can be requested when creating an account, when launching an order (with or without an account), when launching a form, as well as for any other purpose that involves the granting of consent, by accessing a general control panel ( cumulative or individual, for each category of data or individual purpose) or by other technical means, created for this purpose.
    You will have the opportunity to explicitly give your consent to the purposes for which personal data will be used and to manage it later, in accordance with the regulations in force.

6. What rights do you have?

    We make every effort to guarantee you the rights you have, in accordance with the legislation in force.
    You have the right to access your personal data. Consequently, if applicable, we offer you access to the personal data we keep about you. We also offer you the opportunity to choose if you want to receive offers and promotions from us, but also to correct, modify or delete your information.
    We can limit or deny access to personal data, if the efforts or expenses of providing access would be disproportionate to the risks for your privacy, or if the rights of other people, other than you, would be violated. Other reasons for denying or limiting access may include the restrictions imposed by the legislation in force or other similar, corrected aspects.
    You have the right to modify and delete your personal data, especially incomplete or inaccurate data, for example, if some of the personal data you provided (phone number, e-mail address, authorized person, etc.) .) are no longer current.
    We take reasonable steps to ensure that the personal data we process is viable for the intended use and accurate, complete and current. In this sense, we rely on you to update and correct personal data to the extent necessary for the purposes for which they were collected or subsequently authorized by you.
    Requests to access, modify or delete information will be processed within 30 days.
    You have the right to restrict the processing, to object to the processing of your personal data and to request the rectification, updating or deletion of the data under the law. This right can be exercised at any time, free of charge and without justification, with the exception of those data for which the processing represents a legal obligation.
    You have the right to request portability (export) of personal data. We can limit or refuse the portability of personal data, if the efforts or expenses of providing access would be disproportionate to the advantages brought in the respective case.
    You have the right not to be subject to an automatic individual decision.
    You have the right to submit a complaint to the National Authority for the Supervision of Personal Data Processing (A.N.S.P.D.C.P.), as well as to go to court, in accordance with the legal provisions in force

7. Who do we disclose data to?

    We collaborate with courier companies, authorized electronic payment processors and internet companies: Google, Facebook, etc. - all this, for the best possible experience with our website.
    We can share your personal data with service providers contracted to process and deliver orders (such as payment processors, courier service providers, etc.), in order to improve the experience of using the online store (eg: Google Analytics, etc.) or offering services in the field of marketing, advertising and publicity (Google, Facebook, Mailchimp, etc.), as well as for other purposes: accounting services, law, consulting, affiliates, business partners, etc. The disclosure of data is based on the fact that the services necessary for the running of our business cannot be provided by us. We make every effort to obtain a confidentiality commitment from them, which guarantees that these data are kept safe and that the provision of this personal information is done in accordance with the legislation in force. If our providers of hosting services, sending newsletters or other similar services are transferred outside the European Economic Area (EEA), efforts are made to ensure adequate protection measures.
    It is possible for us to disclose your personal data, either through the prescriptions of the law, legal process, litigation and/or requests from the public and governmental authorities in your country of residence or outside it. We may also disclose personal information about you if we determine that disclosure is reasonably necessary to ensure compliance with our terms and conditions or to protect our operations or users. Relevant information can also be found in the announcements regarding specific data processing activities.
    We may also transfer personal data in the event of an audit or in the event of the total or partial sale or transfer of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

8. How do we ensure data security?

    The security of your data is important to us. We make all the necessary efforts in this regard.
    We take reasonable and appropriate measures to protect personal data from loss, misuse and unauthorized access, disclosure, modification and destruction, taking into account their nature. We take all internal measures to identify and ensure the security of information, the measures being regularly checked and adapted to the state of the art. Our company uses related service providers with notoriety in the market (eg: hosting services, software development services, marketing solutions, etc.) to fulfill this objective.

9. What are the retention periods?

    We keep the information according to the legal specifications and as long as you agree.
    The storage of personal data is done for the periods of time specified by the legislation in force, in order to maintain records related to the activities carried out, for the protection of legal rights and the exercise of other rights according to the law and concluded contracts, the fulfillment of possible archiving requirements, in accordance with the legal provisions. The personal data necessary to benefit from the functionalities of our website and promotional activities are stored for an indefinite period of time, until your account is deleted.

10. How do we treat requests from minors?

    We do NOT provide services and do NOT deliver goods to minors except in the express cases provided by law.
    In its data processing activities, our company does NOT process the personal data of minors under the age of 16. We do not carry out promotional marketing activities directly to minors.
    Any person who provides us with personal data guarantees that he is of age, or has full legal capacity. If there is still a processing of personal data for a person who is not of age, we will stop the processing of this data once we become aware of this fact.
    Any processing of minors' personal data is carried out in accordance with legal requirements and in strictly determined cases. Minors who have reached the age of 14 can purchase services, request and receive communications from our company only if they have the consent of their representative or legal guardian, according to the law.

11. What do we do in case of security incidents?

    Informing you and the authorities is the first step. Fixing the situation is our priority.
    In the event of a personal data breach, we will notify the competent data protection authorities within 72 hours, depending on the degree of risk for the client or the website visitor. Affected customers or site visitors will also be notified of the breach.
    We will take all necessary measures to remedy the situations that arise, in order to protect your rights.

12. What records do we keep?

    We keep records to demonstrate compliance with the requirements of this policy.
    We will keep relevant records about:
        a. the purpose of processing personal data;
        b. the categories of the persons concerned and of the personal data processed;
        e. when possible, the expected retention periods for different categories of personal data;
        f. a general description of the security measures used to protect personal data;
        g. exercising the rights you have.

Terms and Conditions

I. INTRODUCTION

    Thank you for your interest in our company, our website and the products we sell in our online store.
    Please read this document carefully (hereinafter referred to as the "Contract" or the "Terms and Conditions"). This document represents the conditions of use of the web page [...]  (hereinafter referred to as the "Online Store") and the conditions for placing orders through the Online Store.
    By browsing our company's Online Store or by placing an order, you agree to the Terms and Conditions described below. This document has the value of a contract. We also invite you to read our Privacy Policy before placing an order in the Online Store. If you do not agree to these Terms or the Policies indicated above, please do not use the Online Store.
    We reserve the right to change the Terms and Conditions without prior notice. The Terms in force at the time of placing your order will apply to your order.
    If you have any questions, you can contact us using the company data below.

II. WHO ARE WE?

    The online store belongs to Titan Machinery Romania SRL, a company that operates according to the laws of Romania, headquartered in Ilfov County, Dragomirești Vale commune, Dragomirești Deal village, Aleea Stefania nr. 2, Building E, Hall E, registered with the Trade Register under the registration number J23/3010/2011, having the sole code of identification RO29352595, the e-mail: office@titanmachinery.ro, tel.: +40213504935, fax: +40213504964, having as main scope of activity 4661 - Wholesale of agricultural machines, equipment and supplies, hereinafter referred to as "TMR".

III. GENERAL INFORMATION. DEFINITIONS OF THE TERMS USED IN THIS DOCUMENT

    Seller – means TMR;
    Professional – any legal person, authorized natural person, individual or family enterprise;
    Buyer - any Professional who places an order through the Online Store ;
    User – represents any Professional who accesses the TMR Online Store;
    Contract - means the remote contract concluded between the Seller and the Buyer, based on this document "Terms and Conditions", as a result of placing an order that is accepted by TMR;
    Product – the goods sold by TMR in the online store;
    Branch – TMR business unit

IV. REGISTRATION IN TMR'S ONLINE STORE

    In order to place an order in our Online Store, you must create an account and provide specific information such as e-mail address and other identification details (unique registration code or tax identification code, Professional’s name, telephone number, mailing address and delivery address, etc.).
    The activation of the account is done after receiving the e-mail that confirms the account registration. Access will be made exclusively by the User based on the e-mail address and password.
    The user has the obligation not to disclose the password. If you lose your password, it can be recovered by going through the steps in the "Forgot your password?" section of the Online Store.

V. CONCLUSION OF THE CONTRACT

    The contract between the parties will be concluded if TMR will expressly accept the order placed by the Buyer / User and you will receive an e-mail in this regard, that confirms the order. The order could only be placed by creating an account in the Online Store.
    The ownership of the products will be transferred to the Buyer / User only after delivery and payment of all amounts due for the Products, including delivery costs.

VI. PRODUCT AVAILABILITY

    TMR cannot guarantee that products that have been found at any given time in the Online Store will be available at any time for purchase. TMR will update the information in the Online Store once a day, but there is a possibility that the synchronization will not take place. All orders will depend on the products availability in the inventory.
    If the Products are unavailable, but you have already placed your order, we will inform you about the delivery time notified by the manufacturer or if any, we will recommend similar Products that can be ordered. In case you do not want to order similar Products, recommended by us, we will cancel your order.

VII. PRICE OF THE PRODUCTS. PAYMENT. DELIVERY. COLLECTION OF PRODUCTS FROM THE BRANCH

    The price of the Products is displayed in lei in the Online Store and does not include value added tax. 
    The Price of the Products may be updated/modified at any time, and this update/modification will replace any previous price. Prices will apply to your order from the moment of order confirmation. The order is considered confirmed only after you make the payment based on the proforma invoice that you will receive by email from TMR, after initiating and processing the order. The tax invoice will be sent electronically to your e-mail address.
    The payment of the Products will be made by payment order/bank transfer.
    The shipping or delivery fee is not included in the displayed price. The shipping/delivery fee will be calculated depending on the value, weight, volume of the order and the type of product.
    If the requested Products are not in the TMR  warehouse and must be ordered from the manufacturer, the delivery terms will be set according to the delivery terms notified by the manufacturer. If the specified delivery time is extended (the Products are not in the manufacturer's warehouse or cannot be delivered by the manufacturer, for reasons that TMR cannot control), TMR will immediately inform the Buyer / User about the revised estimated term for the delivery of the ordered Products.
    When placing an order, the buyer/user can select either the option to pick up the products from the TMR branch network or the delivery option to the indicated delivery address. If the requested parts are in stock, TMR will notify the Buyer / User after confirming the order regarding the delivery term of the products or, as the case may be, about the term in which the Buyer / User can come at the Branch to pick up the ordered products.
    If the Buyer / User chose to personally pick up the product from the Branch, then the Buyer / User has the obligation to come at the Branch within not more than 4 working days from the date on which TMR has informed the Buyer / User that it can come to collect the products. After the expiry of this term, TMR will have the possibility to cancel the order and apply point IX of this document (POLICY OF ORDER WAIVER AND PRODUCTS RETURN).
    Please note that, in some situations, the delivery term may be extended, which may result from the complexity of the order or the unavailability of all the parts in stock, from the congestion of the courier companies or from other reasons that are independent of TMR. In this situation, TMR will not be liable.
    You can track the status of the order placed from your account opened on the platform.
    For the delivery of the ordered Product(s), you must declare and verify the delivery address if you choose a different delivery address than the billing one. The delivery address must be on the territory of Romania.
    The products properly marked in the Online  Store's shopping cart are exempted from delivery. These must be picked up by the client from the TMR Branches.
    Upon receipt of the parcel, you have the responsibility to check it and ascertain its physical integrity. If you notice that it has been damaged or does not correspond to the placed order, you have the obligation to report to the courier and write down all the observations in the delivery document provided by the courier (AWB). TMR must be notified within 48 hours from receiving the parcel at the e-mail address parts@titanmachinery.ro, and you have the obligation to send the copy of the AWB on which the mentions about the status of the parcel are noted. Otherwise, in the absence of proof of damage / non-compliance of the parcel, TMR will find itself unable to settle the dispute regarding the delivery, not being liable.
    The customer has the obligation to verify the integrity of the parts and to report to the e-mail address parts@titanmachinery.ro any quantitative and/or qualitative differences within not more than 48 working hours from the receipt of the parcel.
    TMR does not take liability for the case in which the person who picks up the parcel is not the person designated/authorized by the Buyer / User in this respect.

VIII. PRODUCT WARRANTY

    The Buyer benefits from the warranty granted by the manufacturer of the products. The conformity of the products must be checked upon delivery and any nonconformities must be reported to TMR at the e-mail address: parts@titanmachinery.ro.
    In case in the warranty period from the date of products purchase, the products have manufacturing defects, the Buyer will be able to contact TMR at the e-mail address parts@titanmachinery.ro or at the phone number +40213504935, providing details on the malfunction. Any product warranty application must be supported by the purchase invoice of the relevant product.
    The Product’s (spare parts) warranty is not granted if the defect occurred due to the following reasons:
        - The defect of the spare part occurred as a result of incorrect installation or because of the use in an assembly with other worn, defective or modified components;
        - The part must be installed by a dealer authorized by the machine manufacturer;
        - The spare part was used for other application than the one indicated by the manufacturer of the machine on which it is installation or it replaced a part with different specifications;
        - The defect of the part has occurred as a result of improper use, incorrect or insufficient maintenance of the part or of the machine or as a result of failure to carry out regular maintenance, as recommended by the machine manufacturer;
        - The defect of the part occurred as a result of the fact that the part or the machine was damaged by atmospheric influences or other factors (thermal, electrical, mechanical shocks, etc.);
        - The part shows traces of wear, blows, scratches, folds, ruptures or distortions.

IX. POLICY OF ORDER WAIVER AND PRODUCTS RETURN

    The online store is exclusively intended for Professionals, as defined in the first part of the document.
    According to the legal norms in force, in the case of Professionals, we reserve the right not to comply with the application for return / waiver of the order or to accept the return / waiver of the order, but with the refund of the value of the Products and, as the case may be, with the Buyer / User bearing the costs with the fulfilment of the order (e.g. transport costs). For more information about waiver of the order or return, please contact the support department at the e-mail address parts@titanmachinery.ro and you will be guided.
    In the exceptional case in which the Seller accepts the return / waiver of the order, the return application must be submitted within not more than 14 working days from the invoice date, with the explicit expression of TMR’s return agreement. 
    If the parts are accepted to be returned, the parts must meet  the following requirements: 
        - the parts must be delivered in their original packaging, undamaged, and clean. 
        - the parts must not have installation marks, blows, scratches, missing or damaged components.

X. PERSONAL DATA PROTECTION

    TMR processes the personal data of the representatives / employees of the Professionals only if they provide their personal data when placing an order, for the purpose of concluding a contract. The processing of personal data is carried out in compliance with the General Regulation on the Protection of Personal Data 2016/679, as well as the national legislation on the protection of personal data. 
    We invite you to read the Privacy Policy available on [..........]

XI. INTELLECTUAL PROPERTY

    The entire content of the online store is the intellectual property of Titan Machinery Romania.  The online store can be used by third parties only for information and/or for placing orders.
    The users of the Online Store do not have the right to download, modify in total or in part the Online Store, reproduce in part and/or in total the Online Store, copy, distribute, sell or exploit the Online Store in any other manner contrary to the interests of TMR, whether or not there is a commercial purpose.

XII. FORCE MAJEURE

    If a case of force majeure occurs, TMR will not be held liable for any delay or non-fulfilment of obligations.  Force majeure includes, but is not limited to, changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, epidemics, pandemics, weather conditions, and acts of hackers or Internet service providers.

XIII. COMPLAINTS

    Any complaint regarding the products sold or the TMR online store or the services offered will be sent  to the e-mail address parts@titanmachinery.ro or to the correspondence address Jud. Ilfov, comuna Dragomiresti Vale, sat Dragomiresti Deal, Aleea Ștefania nr. 2, Clădirea E, Hala E.

XIV. OTHER CLAUSES

    TMR reserves the right to modify the Terms and Conditions. Users have the obligation to regularly consult the information contained in this document when accessing the Online Store.
    The use of the online store, the placing of orders and the conclusion of the contract are subject to the legislation of Romania. In case of disputes, these will be submitted for settlement to the Romanian courts.
    This document is an integrant part of the contract that will be concluded between TMR and the Buyer. Please  read the Terms and Conditions each time you place an order.